Common use of Landscaping Clause in Contracts

Landscaping. 3.9.1 Prior to the issuance of a Development Permit for the mixed use building and the multiple unit residential building, the Developer shall provide a Landscape Plan which complies with the provisions of this section and conforms with the overall intentions of the Landscaping shown on Schedules B and C of this Agreement. The Landscape Plan shall be prepared by a Landscape Architect (a full member, in good standing with Canadian Society of Landscape Architects) and comply with all provisions of this section. 3.9.2 All plant material shall conform to the Canadian Nursery Trades Association Metric Guide Specifications and Standards and sodded areas to the Canadian Nursery Sod Growers' Specifications. 3.9.3 Prior to the issuance of any Occupancy Permit for any building, the Developer shall submit to the Development Officer a letter prepared by a member in good standing of the Canadian Society of Landscape Architects certifying that all landscaping has been completed according to the terms of this Agreement. 3.9.4 Notwithstanding Section 3.9.3, an Occupancy Permit may be issued provided that the weather and time of year does not allow the completion of the outstanding landscape works and that the Developer supplies a security deposit in the amount of 110 percent of the estimated cost to complete the landscaping. The cost estimate is to be prepared by a member in good standing of the Canadian Society of Landscape Architects. The security shall be in favour of the Municipality and shall be in the form of a certified cheque or automatically renewing, irrevocable letter of credit issued by a chartered bank. The security shall be returned to the Developer only upon completion of the work as described herein and illustrated on the Schedules, and as approved by the Development Officer. Should the Developer not complete the landscaping within twelve months of issuance of the Occupancy Permit, the Municipality may use the deposit to complete the landscaping as set out in this section of the Agreement. The Developer shall be responsible for all costs in this regard exceeding the deposit. The security deposit or unused portion of the security deposit shall be returned to the Developer upon completion of the work and its certification. 3.9.5 The Developer agrees to provide plantings sufficient to screen site parking along the western portion of the parking area as identified on Schedule C. The planting shall be a minimum 6 feet in height. 3.9.6 The minimum acceptable sizes for each type of plant material proposed on the Landscaping Plan shall be provided, including species list with quantities, size of material, and common and botanical names (species and variety).

Landscaping. 3.9.1 3.5.1 Landscaping shall be provided through a combination of surface and roof top landscaping as shown on Schedule B. 3.5.2 Prior to the issuance of a Development Permit for the mixed use building and the multiple unit residential buildingPermit, the Developer shall provide a Landscape Plan Plan, for the outdoor landscaped open space, which complies with the provisions of this section and conforms with the overall intentions of the Landscaping shown on Schedules B and C of this Agreementsection. The Landscape Plan shall be prepared by a Landscape Architect (a full member, in good standing with Canadian Society of Landscape Architects) and comply with all provisions of this section. 3.9.2 3.5.3 All plant material shall conform to the Canadian Nursery Trades Association Metric Guide Specifications and Standards and sodded areas to the Canadian Nursery Sod Growers' Specifications. 3.9.3 Prior 3.5.4 Approximately 50 percent of the plant material located on the roof top shall be evergreen or material with winter colour and form. Deciduous trees shall have a minimum size of 45 mm caliper (1.8 inch diameter). Coniferous trees shall be a minimum of 1.5 m (5 ft.) high and upright shrubs shall have a minimum height of 60 cm. (2 ft.). It is the responsibility of the Developer to ensure that the underground parking structures or other structures are capable of supporting loads from all landscaping as well as the anticipated mature weight of the plant material on any rooftop and podium. 3.5.5 Upon the issuance of any the Occupancy Permit for any buildingPermit, the Developer shall submit to the Development Officer a letter prepared by a member in good standing of the Canadian Society of Landscape Architects certifying that all landscaping has been completed according to the terms of this Agreement. 3.9.4 3.5.6 Notwithstanding Section 3.9.33.5.5, an Occupancy Permit may be issued provided that the weather and time of year does not allow the completion of the outstanding landscape works and that the Developer supplies a security deposit in the amount of 110 percent of the estimated cost to complete the landscaping. The cost estimate is to be prepared by a member in good standing of the Canadian Society of Landscape Architects. The security shall be in favour of the Municipality and shall be in the form of a certified cheque or automatically renewing, irrevocable letter of credit issued by a chartered bank. The security shall be returned to the Developer only upon completion of the work as described herein and illustrated on the Schedules, and as approved by the Development Officer. Should the Developer not complete the landscaping within twelve months of issuance of the Occupancy Permit, the Municipality may use the deposit to complete the landscaping as set out in this section of the Agreement. The Developer shall be responsible for all costs in this regard exceeding the deposit. The security deposit or unused portion of the security deposit shall be returned to the Developer upon completion of the work and its certification. 3.9.5 The Developer agrees to provide plantings sufficient to screen site parking along the western portion of the parking area as identified on Schedule C. The planting shall be a minimum 6 feet in height. 3.9.6 The minimum acceptable sizes for each type of plant material proposed on the Landscaping Plan shall be provided, including species list with quantities, size of material, and common and botanical names (species and variety).

Landscaping. 3.9.1 Existing landscaping and vegetation buffer of a minimum 6 metres (20 feet) in width along the rear property line abutting the residential uses, shall be retained as generally shown on schedule B. 3.9.2 Any disturbance to existing landscaping and vegetation buffer at the rear of the property as generally shown on schedule B, shall be reinstated to original condition or better, which shall consist of at least one coniferous tree 1.5 metres (5 feet) in height for every 4 square metres (43 square feet). 3.9.3 Minimum acceptable sizes of new plant material outside of the landscape and vegetation buffer shall be as follows: (a) Deciduous trees – 60 mm caliper; (b) Coniferous trees – 1.5 metres (5 feet) in height; and (c) Shrubs – 0.6 metre (2 feet) in height or spread. 3.9.4 All plant material shall conform to the Canadian Nursery Landscape Association’s Canadian Nursery Stock Standard (ninth edition or newer). 3.9.5 Prior to the issuance of a Development Permit for the mixed use building and the multiple unit residential buildingPermit, the Developer shall agrees to provide a Landscape Plan which complies that comply with the provisions of this section and conforms with the overall intentions of the Landscaping shown on Schedules B and C of this Agreementsection. The Landscape Plan shall be prepared by a Landscape Architect (a full member, in good standing with Canadian Society of Landscape Architects) and comply with all provisions of this section. 3.9.2 All plant material shall conform to the Canadian Nursery Trades Association Metric Guide Specifications and Standards and sodded areas to the Canadian Nursery Sod Growers' Specifications. 3.9.3 3.9.6 Prior to the issuance of any the first Occupancy Permit for any building, the Developer shall submit to the Development Officer a letter prepared by a member in good standing of the Canadian Society of Landscape Architects certifying that all landscaping has been completed according to the terms of this Development Agreement. 3.9.4 3.9.7 Notwithstanding Section 3.9.33.2.3, an Occupancy Permit may be issued provided that where the weather and time of year does do not allow the completion of the outstanding landscape works and that prior to the issuance of the Occupancy Permit, the Developer supplies may supply a security deposit in the amount of 110 percent of the estimated cost to complete the landscaping. The cost estimate is to be prepared by a member in good standing of the Canadian Society of Landscape Architects. The security shall be in favour of the Municipality and shall be in the form of a certified cheque or automatically renewing, irrevocable letter of credit issued by a chartered bank. The security shall be returned to the Developer only upon completion of the work as described herein and illustrated on the Schedules, and as approved by the Development Officer. Should the Developer not complete the landscaping within twelve months of issuance of the Occupancy Permit, the Municipality may use the deposit to complete the landscaping as set out in this section of the Agreement. The Developer shall be responsible for all costs in this regard exceeding the deposit. The security deposit or unused portion of the security deposit shall be returned to the Developer upon completion of the work and its certification. 3.9.5 The Developer agrees 3.9.8 All landscape areas designed to provide plantings sufficient to screen site parking along the western be installed upon any portion of the parking area as identified on Schedule C. The planting shall building must be supported by documentation from a minimum 6 feet in heightStructural Engineer indicating that the building design is able to support any required drainage or additional weight caused by the landscaped area. 3.9.6 The minimum acceptable sizes for each type of plant material proposed on the Landscaping Plan shall be provided, including species list with quantities, size of material, and common and botanical names (species and variety).

Landscaping. 3.9.1 All plant material shall conform to the Canadian Nursery Trades Association Metric Guide Specifications and Standards and sodded areas to the Canadian Nursery Sod Growers' Specifications. 3.9.2 Prior to the issuance of a Development Permit for the mixed use building and the multiple unit residential buildingPermit, the Developer shall agrees to provide a Landscape Plan which complies comply with the provisions of this section and generally conforms with the overall intentions of the Landscaping Landscape Plan as shown on Schedules B and C of this Agreement. Schedule C. The Landscape Plan shall be prepared by a Landscape Architect (a full member, in good standing with Canadian Society of Landscape Architects) and comply with all provisions of this section. 3.9.2 All plant material shall conform to the Canadian Nursery Trades Association Metric Guide Specifications and Standards and sodded areas to the Canadian Nursery Sod Growers' Specifications. 3.9.3 Prior to the issuance of any the first Occupancy Permit for any building, the Developer shall submit to the Development Officer a letter prepared by a member in good standing of the Canadian Society of Landscape Architects certifying that all landscaping has been completed according to the terms of this Development Agreement. 3.9.4 Common rooftop amenity space may be used to satisfy the requirement for recreation space in accordance with the RMU Zone of the Land Use By-law for Bedford. 3.9.5 Notwithstanding Section 3.9.4, all landscape features identified on Schedule C are required including the pedestrian walkway, benches, and tables. 3.9.6 Notwithstanding Section 3.9.3, an Occupancy Permit may be issued provided that where the weather and time of year does do not allow the completion of the outstanding landscape works and that prior to the issuance of the Occupancy Permit, the Developer supplies may supply a security deposit in the amount of 110 percent of the estimated cost to complete the landscaping. The cost estimate is to be prepared by a member in good standing of the Canadian Society of Landscape Architects. The security shall be in favour of the Municipality and shall be in the form of a certified cheque or automatically renewing, irrevocable letter of credit issued by a chartered bank. The security shall be returned to the Developer only upon completion of the work as described herein and illustrated on the Schedules, and as approved by the Development Officer. Should the Developer not complete the landscaping within twelve months of issuance of the Occupancy Permit, the Municipality may use the deposit to complete the landscaping as set out in this section of the Agreement. The Developer shall be responsible for all costs in this regard exceeding the deposit. The security deposit or unused portion of the security deposit shall be returned to the Developer upon completion of the work and its certification. 3.9.5 The Developer agrees to provide plantings sufficient to screen site parking along the western portion of the parking area as identified on Schedule C. The planting shall be a minimum 6 feet in height. 3.9.6 The minimum acceptable sizes for each type of plant material proposed on the Landscaping Plan shall be provided, including species list with quantities, size of material, and common and botanical names (species and variety).

Landscaping. 3.9.1 3.8.1 A privacy fence shall be installed along the internal property line, as shown on Schedule B. 2.8.2 All Landscape materials shall comply with the Canadian Nursery Landscape Association’s Canadian Nursery Stock Standard, and all landscape construction on the site shall conform to the Canadian Landscape Standard. 3.8.3 Prior to the issuance of a Development Permit for the mixed use building and the multiple unit residential buildingPermit, the Developer shall agrees to provide a Landscape Plan which complies with the provisions of this section and generally conforms with the overall intentions of the Landscaping Landscape Plan shown on Schedules B and C of this Agreement. Schedule B. The Landscape Plan shall be prepared by a Landscape Architect (a full member, in good standing with Canadian Society of Landscape Architects) and comply with all provisions of this section. 3.9.2 All plant material shall conform to the Canadian Nursery Trades Association Metric Guide Specifications and Standards and sodded areas to the Canadian Nursery Sod Growers' Specifications. 3.9.3 Prior to the issuance of any Occupancy Permit for any building, the Developer shall submit to the Development Officer a letter prepared by a member in good standing of the Canadian Society of Landscape Architects certifying that all landscaping has been completed according to the terms of this Agreement. 3.9.4 3.8.4 Notwithstanding Section 3.9.33.2.2, an Occupancy Permit may be issued provided that where the weather and time of year does do not allow the completion of the outstanding landscape works and that prior to the issuance of the Occupancy Permit, the Developer supplies may supply a security deposit in the amount of 110 percent of the estimated cost to complete the landscaping. The cost estimate is to be prepared by a member in good standing of the Canadian Society of Landscape Architects. The security shall be in favour of the Municipality and shall be in the form of a certified cheque or automatically renewing, irrevocable letter of credit issued by a chartered bank. The security shall be returned to the Developer only upon completion of the work as described herein and illustrated on the Schedules, and as approved by the Development Officer. Should the Developer not complete the landscaping within twelve months of issuance of the Occupancy Permit, the Municipality may use the deposit to complete the landscaping as set out in this section of the Agreement. The Developer shall be responsible for all costs in this regard exceeding the deposit. The security deposit or unused portion of the security deposit shall be returned to the Developer upon completion of the work and its certification. 3.9.5 The Developer agrees to provide plantings sufficient to screen site parking along the western portion of the parking area as identified on Schedule C. The planting shall be a minimum 6 feet in height. 3.9.6 The minimum acceptable sizes for each type of plant material proposed on the Landscaping Plan shall be provided, including species list with quantities, size of material, and common and botanical names (species and variety).

Landscaping. 3.9.1 3.8.1 Landscaping shall be provided as follows: (a) at grade in the form of mixed plantings or shrubs in the landscaped buffer area on the Northeast property boundary as shown on Schedule B; (b) on the outdoor amenity area as required in Section 3.4, supplemented by privacy screening of at least 1.5 m in height screening any amenity area from the adjacent dwelling on the Northeast property boundary. 3.8.2 All plant material shall conform to the Canadian Nursery Trades Association Metric Guide Specifications and Standards and sodded areas to the Canadian Nursery Sod Growers' Specifications. 3.8.3 Prior to the issuance of a Development Permit for the mixed use building and the multiple unit residential buildingConstruction Permit, the Developer shall agrees to provide a Landscape Plan which complies comply with the provisions of this section and conforms with the overall intentions of the Landscaping shown on Schedules B and C of this Agreementsection. The Landscape Plan shall be prepared by a Landscape Architect (a full member, in good standing with Canadian Society of Landscape Architects) and comply with all provisions of this section. 3.9.2 All plant material shall conform to the Canadian Nursery Trades Association Metric Guide Specifications and Standards and sodded areas to the Canadian Nursery Sod Growers' Specifications. 3.9.3 3.8.4 Prior to the issuance of any the first Occupancy Permit for any building, the Developer shall submit to the Development Officer a letter prepared by a member in good standing of the Canadian Society of Landscape Architects certifying that all landscaping has been completed according to the terms of this Development Agreement. 3.9.4 3.8.5 Notwithstanding Section 3.9.33.8.4, an the Occupancy Permit may be issued provided that the weather and time of year does not allow the completion of the outstanding landscape works and that the Developer supplies a security deposit in the amount of 110 percent of the estimated cost to complete the landscaping. The cost estimate is to be prepared by a member in good standing of the Canadian Society of Landscape Architects. The security shall be in favour of the Municipality and shall be in the form of a certified cheque or automatically renewing, irrevocable letter of credit issued by a chartered bank. The security shall be returned to the Developer only upon completion of the work as described herein and illustrated on the Schedules, and as approved by the Development Officer. Should the Developer not complete the landscaping within twelve months of issuance of the Occupancy Permit, the Municipality may use the deposit to complete the landscaping as set out in this section of the Agreement. The Developer shall be responsible for all costs in this regard exceeding the deposit. The security deposit or unused portion of the security deposit shall be returned to the Developer upon completion of the work and its certification. 3.9.5 The Developer agrees to provide plantings sufficient to screen site parking along the western portion of the parking area as identified on Schedule C. The planting shall be a minimum 6 feet in height. 3.9.6 The minimum acceptable sizes for each type of plant material proposed on the Landscaping Plan shall be provided, including species list with quantities, size of material, and common and botanical names (species and variety).

Landscaping. 3.9.1 Prior to Landscaping of the issuance property shall be provided as follows: (a) Within the front yard of a Development Permit for the mixed use building and the multiple unit residential buildingDevelopable Area, the Developer shall provide a Landscape Plan which complies with first 3 meters (10 feet) of lot depth bordering the provisions of this section and conforms with the overall intentions of the Landscaping shown on Schedules B and C of this Agreement. The Landscape Plan street right-of-way shall be prepared by fully landscaped, except where driveway or pedestrian access points are required. (b) Landscaping shall consist of grass and a Landscape Architect minimum of one shrub for each 4.6 square meters (a full member, in good standing with Canadian Society 50 square feet) of Landscape Architectsrequired landscaped area and one tree for every 15.2 (50 feet) and comply with all provisions of this sectionlot frontage. 3.9.2 All plant material shall conform to the Canadian Nursery Trades Association Metric Guide Specifications and Standards and sodded areas to the Landscape Association’s Canadian Nursery Sod Growers' SpecificationsStock Standard. 3.9.3 Prior to the issuance of any Occupancy Development Permit, the Developer agrees to provide a Landscaping Plan which complies with the provisions of this Section and the HRM Urban Forest Master Plan. The Landscaping Plan shall be prepared by a Landscape Architect (a full member of the Canadian Society of Landscape Architects). 3.9.4 One calendar year following the date of issuance of the first Building Permit for any building, the Developer shall submit to the Development Officer a letter prepared by a member in good standing of the Canadian Society of Landscape Architects certifying that all landscaping has been completed according to the terms of this Development Agreement. 3.9.4 3.9.5 Notwithstanding Section 3.9.3, an Occupancy Permit may be issued provided that 3.9.4 where the weather and time of year does do not allow the completion of the outstanding landscape works and that prior to the issuance of the Occupancy Permit, the Developer supplies may supply a security deposit in the amount of 110 percent of the estimated cost to complete the landscaping. The cost estimate is to be prepared by a member in good standing of the Canadian Society of Landscape Architects. The security shall be in favour of the Municipality and shall be in the form of a certified cheque or automatically renewing, irrevocable letter of credit issued by a chartered bank. The security shall be returned to the Developer only upon completion of the work as described herein and illustrated on the Schedules, and as approved by the Development Officer. Should the Developer not complete the landscaping within twelve months of issuance of the Occupancy Permit, the Municipality may use the deposit to complete the landscaping as set out in this section of the Agreement. The Developer shall be responsible for all costs in this regard exceeding the deposit. The security deposit or unused portion of the security deposit shall be returned to the Developer upon completion of the work and its certification. 3.9.5 The Developer agrees to provide plantings sufficient to screen site parking along the western portion of the parking area as identified on Schedule C. The planting shall be a minimum 6 feet in height. 3.9.6 The minimum acceptable sizes for each type of plant material proposed on the Landscaping Plan shall be provided, including species list with quantities, size of material, and common and botanical names (species and variety).

Landscaping. 3.9.1 Prior to the issuance of a Development Permit for the mixed use building and the multiple unit residential building, the Developer shall provide a Landscape Plan which complies with the provisions of this section and conforms with the overall intentions of the Landscaping shown on Schedules B and C of this Agreement. The Landscape Plan shall be prepared by a Landscape Architect (a full member, in good standing with Canadian Society of Landscape Architects) and comply with all provisions of this section. 3.9.2 All plant material shall conform to the Canadian Nursery Trades Association Metric Guide Specifications and Standards and sodded areas to the Canadian Nursery Sod Growers' Specifications. 3.9.3 Prior to the issuance of any Occupancy Permit for any a building, the Developer shall submit to the Development Officer a letter prepared by a member in good standing of the Canadian Society of Landscape Architects certifying that all landscaping has been completed according to the terms of this Agreement. 3.9.4 Notwithstanding Section 3.9.3, an Occupancy Permit may be issued provided that the weather and time of year does not allow the completion of the outstanding landscape works and that the Developer supplies a security deposit in the amount of 110 percent of the estimated cost to complete the landscaping. The cost estimate is to be prepared by a member in good standing of the Canadian Society of Landscape Architects. The security shall be in favour of the Municipality and shall be in the form of a certified cheque or automatically renewing, irrevocable letter of credit issued by a chartered bank. The security shall be returned to the Developer only upon completion of the work as described herein and illustrated on the Schedules, and as approved by the Development Officer. Should the Developer not complete the landscaping within twelve months of issuance of the Occupancy Permit, the Municipality may use the deposit to complete the landscaping as set out in this section of the Agreement. The Developer shall be responsible for all costs in this regard exceeding the deposit. The security deposit or unused portion of the security deposit shall be returned to the Developer upon completion of the work and its certification. 3.9.5 The Developer agrees to provide plantings sufficient to screen site parking along the western portion of the parking area as identified on Schedule C. The planting plannting shall be a minimum 6 feet in height. 3.9.6 The minimum acceptable sizes for each type of plant material proposed on the Landscaping Plan shall be provided, including species list with quantities, size of material, and common and botanical names (species and variety).

Landscaping. 3.9.1 3.10.1 All plant material shall conform to the Canadian Nursery Landscape Association’s Canadian Nursery Stock Standard (ninth edition). 3.10.2 Prior to the issuance of a Development Permit for the mixed use building and the multiple unit residential buildingPermit, the Developer shall agrees to provide a detailed Landscape Plan which complies comply with the provisions of this section and generally conforms with the overall intentions of the Landscaping Preliminary Landscape Plan shown on Schedules B and C of this Agreement. Schedule G. The Landscape Plan shall be prepared by a Landscape Architect (a full member, in good standing with Canadian Society of Landscape Architects) and comply with all provisions of this section.. Existing trees and shrubs may be included within the proposed landscape areas shown on Schedule G. 3.9.2 All plant material shall conform to the Canadian Nursery Trades Association Metric Guide Specifications and Standards and sodded areas to the Canadian Nursery Sod Growers' Specifications. 3.9.3 3.10.3 Prior to the issuance of any the first Occupancy Permit for any building, the Developer shall submit to the Development Developm ent Officer a letter prepared by a member in good standing of the Canadian Society of Landscape Architects certifying that all landscaping has been completed according to the terms of this Development Agreement. 3.9.4 3.10.4 Notwithstanding Section 3.9.33.10.3, an Occupancy Permit may be issued provided that where the weather and time of year does do not allow the completion of the outstanding landscape works and that prior to the issuance of the Occupancy Permit, the Developer supplies may supply a security deposit in the amount of 110 percent of the estimated cost to complete the landscaping. The cost estimate is to be prepared by a member in good standing of the Canadian Society of Landscape Architects. The security shall be in favour of the Municipality and shall be in the form of a certified cheque or automatically renewing, irrevocable letter of credit issued by a chartered bank. The security shall be returned to the Developer only upon completion of the work as described herein and illustrated on the Schedules, and as approved by the Development Officer. Should the Developer not complete the landscaping within twelve months of issuance of the Occupancy Permit, the Municipality may use the deposit to complete the landscaping as set out in this section of the Agreement. The Developer shall be responsible for all costs in this regard exceeding the deposit. The security deposit or unused portion of the security deposit shall be returned to the Developer upon completion of the work and its certification. 3.9.5 The Developer agrees 3.10.5 All landscape areas designed to provide plantings sufficient to screen site parking along the western be installed upon any portion of the parking area as identified on Schedule C. The planting shall building must be supported by documentation from a minimum 6 feet in heightStructural Engineer indicating that the building design is able to support any required drainage or additional weight caused by the landscaped area. 3.9.6 The minimum acceptable sizes for each type of plant material proposed on the Landscaping Plan shall be provided, including species list with quantities, size of material, and common and botanical names (species and variety).

Landscaping. 3.9.1 3.10.1 All plant material shall conform to the Canadian Nursery Landscape Association’s Canadian Nursery Stock Standard. 3.10.2 All portions of the Lands not included in the building footprints, walkways or driveways shall be grassed or landscaped as shown in Schedule E. 3.10.3 Prior to the issuance of a Development Permit for the mixed use building and the multiple unit residential buildingPermit, the Developer shall agrees to provide a Landscape Plan which complies comply with the provisions of this section and generally conforms with the overall intentions of the Landscaping Preliminary Landscape Plan shown on Schedules B and C of this Agreement. Schedule E. The Landscape Plan shall be prepared by a Landscape Architect (a full member, in good standing with Canadian Society of Landscape Architects) and comply with all provisions of this section. 3.9.2 (a) the Developer agrees to provide an Arborist Report completed by a Certified Arborist or Certified Landscape Architect which indicates previously identified significant trees to be retained and removed through the course of development, including a tree protection and preservation plan outlining how retained trees will be protected from development and a compensation plan to compensate for the trees to be removed; and, (b) All plant material shall conform to stone retaining walls on the Canadian Nursery Trades Association Metric Guide Specifications and Standards and sodded areas to the Canadian Nursery Sod Growers' SpecificationsLands must be constructed of real local stone. 3.9.3 3.10.4 Prior to the issuance of any the last Occupancy Permit for any building, the Developer shall submit to the Development Officer a letter prepared by a member in good standing of the Canadian Society of Landscape Architects certifying that all landscaping has been completed according to the terms of this Development Agreement. 3.9.4 3.10.5 Notwithstanding Section 3.9.3, an Occupancy Permit may be issued provided that 3.10.4. where the weather and time of year does do not allow the completion of the outstanding landscape works and that prior to the issuance of the last Occupancy Permit, the Developer supplies may supply a security deposit in the amount of 110 percent of the estimated cost to complete the landscaping. The cost estimate is to be prepared by a member in good standing of the Canadian Society of Landscape Architects. The security shall be in favour of the Municipality and shall be in the form of a certified cheque or automatically renewing, irrevocable letter of credit issued by a chartered bank. The security shall be returned to the Developer only upon completion of the work as described herein and illustrated on the Schedules, and as approved by the Development Officer. Should the Developer not complete the landscaping within twelve months of issuance of the Occupancy Permit, the Municipality may use the deposit to complete the landscaping as set out in this section of the Agreement. The Developer shall be responsible for all costs in this regard exceeding the deposit. The security deposit or unused portion of the security deposit shall be returned to the Developer upon completion of the work and its certification. 3.9.5 3.10.6 The Developer agrees to provide plantings sufficient to screen site parking along the western portion of the parking area footpath as identified on depicted in Schedule C. The planting B shall be a minimum 6 feet in heightthe sole responsibility and maintained by the Developer. 3.9.6 The minimum acceptable sizes for each type of plant material proposed on the Landscaping Plan shall be provided, including species list with quantities, size of material, and common and botanical names (species and variety).

Landscaping. 3.9.1 3.10.1 All plant material shall conform to the Canadian Nursery Landscape Association’s Canadian Nursery Stock Standard (ninth edition). 3.10.2 Prior to the issuance of a Development Permit for the mixed use building and the multiple unit residential buildingPermit, the Developer shall agrees to provide a Landscape Plan which complies with the provisions of this section and the HRM Urban Forest Master Plan and which generally conforms with the overall intentions of the Landscaping Preliminary Landscape Plan as shown on Schedules B and C of this Agreement. in Schedule D. The Landscape Plan shall be prepared by a Landscape Architect (a full member, in good standing with member of the Canadian Society of Landscape Architects) and comply with all provisions of this sectionSection. 3.9.2 All plant material shall conform 3.10.3 The Developer agrees to the Canadian Nursery Trades Association Metric Guide Specifications work with HRM Urban Forestry and Standards and sodded areas provide a compensation plan for any street trees to the Canadian Nursery Sod Growers' Specificationsbe removed. 3.9.3 3.10.4 The Landscape Plan shall minimize the disturbance and removal of existing healthy trees on the Lands and shall enhance buffering between the New Duplex and neighbouring properties through the use of fencing and/or buffer plantings. 3.10.5 Prior to the issuance of any the first Occupancy Permit for any building, the Developer shall submit to the Development Officer a letter prepared by a member in good standing of the Canadian Society of Landscape Architects certifying that all landscaping has been completed according to the terms of this Agreement. 3.9.4 3.10.6 Notwithstanding Section 3.9.33.10.5, an Occupancy Permit may be issued provided that where the weather and time of year does do not allow the completion of the outstanding landscape works and that prior to the issuance of the Occupancy Permit, the Developer supplies may supply a security deposit in the amount of 110 percent of the estimated cost to complete the landscaping. The cost estimate is to be prepared by a member in good standing of the Canadian Society of Landscape Architects. The security shall be in favour of the Municipality and shall be in the form of a certified cheque or automatically renewing, irrevocable letter of credit issued by a chartered bank. The security shall be returned to the Developer only upon completion of the work as described herein and illustrated on the Schedules, and as approved by the Development Officer. Should the Developer not complete the landscaping within twelve months of issuance of the Occupancy Permit, the Municipality may use the deposit to complete the landscaping as set out in this section of the Agreement. The Developer shall be responsible for all costs in this regard exceeding the deposit. The security deposit or unused portion of the security deposit shall be returned to the Developer upon completion of the work and its certification. 3.9.5 The Developer agrees to provide plantings sufficient to screen site parking along the western portion 3.10.7 All disturbed areas of the parking area as identified on Schedule C. The planting Lands shall be a minimum 6 feet in heightreinstated to original condition or better. 3.9.6 The minimum acceptable sizes for each type of plant material proposed on the Landscaping Plan shall be provided, including species list with quantities, size of material, and common and botanical names (species and variety).

Landscaping. 3.9.1 Prior to the issuance of a Development Permit for the mixed use building and the multiple unit residential buildingPermit, the Developer Developers shall provide the Development Officer with a detailed Landscape Plan which that complies with the provisions of this section Section and generally conforms with the overall intentions of the Landscaping shown on Schedules B Preliminary Landscape Plan attached as Schedule J and C of this Agreement. Schedule K. The Landscape Plan shall be prepared by a Landscape Architect (a full member, in good standing with standing, of the Canadian Society of Landscape Architects) and comply with all provisions of this section. 3.9.2 Planting details for at-grade and on-slab planting situations for each type of plant proposed shall be provided in the detailed Landscape Plan, including a species list with quantities, sizes, and common and botanical names (species and variety). 3.9.3 The minimum acceptable sizes for plant material shall be as follows: (a) Deciduous trees at grade – 60 mm caliper; (b) Deciduous trees on slab – 45 mm caliper; (c) Coniferous trees – 1.5 m in height; and (d) Shrubs – 0.6 m in height or spread. 3.9.4 All plant material shall conform to the Canadian Nursery Trades Association Metric Guide Specifications Landscape Association’s Canadian Nursery Stock Standard, and Standards and sodded areas all landscape construction on the site shall conform to the Canadian Nursery Sod Growers' SpecificationsLandscape Standard. 3.9.3 3.9.5 Prior to the issuance of any the first Occupancy Permit for any building, the Developer Developers shall submit to the Development Officer a letter prepared by a member in good standing of the Canadian Society of Landscape Architects certifying that all landscaping has been completed according to the terms of this Development Agreement. 3.9.4 3.9.6 Notwithstanding Section 3.9.33.9.5, an Occupancy Permit may be issued provided that where the weather and time of year does do not allow the completion of the outstanding landscape works and that prior to the Developer supplies issuance of the Occupancy Permit, the Developers may supply a security deposit in the amount of 110 percent of the estimated cost to complete the landscaping. The cost estimate is to be prepared by a member in good standing of the Canadian Society of Landscape Architects. The security shall be in favour of the Municipality and shall be in the form of a certified cheque or automatically renewing, irrevocable letter of credit issued by a chartered bank. The security shall be returned to the Developer Developers only upon completion of the work as described herein and illustrated on the Schedules, and as approved by the Development Officer. Should the Developer Developers not complete the landscaping within twelve months of issuance of the Occupancy Permit, the Municipality may use the deposit to complete the landscaping as set out in this section of the Agreement. The Developer Developers shall be responsible for all costs in this regard exceeding the deposit. The security deposit or unused portion of the security deposit shall be returned to the Developer Developers upon completion of the work and its certification. 3.9.5 The Developer agrees 3.9.7 Planting materials on rooftops above structures shall be selected for their ability to provide plantings sufficient to screen site parking along survive in rooftop environments. Rooftop trees shall be located in planting beds or containers. It is the western portion responsibility of the Developers to ensure that the underground parking area structures or other structures are capable of supporting loads from all landscaping, as identified on Schedule C. The planting shall be a minimum 6 feet in height. 3.9.6 The minimum acceptable sizes for each type well as the anticipated mature weight of the plant material proposed on the Landscaping Plan shall be provided, including species list with quantities, size of material, and common and botanical names (species and variety)any rooftop or podium.